South Australian Consolidated Acts South Australian Consolidated Acts (1) In this Act,
unless the contrary intention appears—
"accredited"—see subsection (3);
"apprentice/trainee" means a person (who may be either an apprentice or a
trainee) undertaking training in a trade or declared vocation under a
training contract;
"AQF" means the policy framework entitled "Australian Qualifications Framework
" that defines qualifications recognised nationally in post-compulsory
education within Australia, as approved by the Ministerial Council on
Education, Employment, Training and Youth Affairs from time to time;
"AQTF" means the policy framework entitled "Australian Quality Training
Framework " that defines the criteria and standards for the registration of
training providers and the accreditation of courses in the vocational
education and training sector, as approved by the Ministerial Council for
Vocational Education and Training from time to time;
"authorised operations" of a registered training provider means the operations
of the provider that are within the scope of the provider's registration;
"Commission" means the Training and Skills Commission established under Part
2;
"condition" includes a limitation or restriction;
"contravene" includes fail to comply with;
"corresponding law" means a law of the Commonwealth or of another State or a
Territory relating to higher education, vocational education and training and
education services for overseas students;
"course accrediting body" means the body equivalent to the Commission under a
corresponding law that is responsible for the administration of the
accreditation of courses under the corresponding law;
"declared institution" means an institution declared under section 5 to
be—
(a)
—
(i)
a university; or
(ii)
a university college; or
(iii)
a specialised university of a kind specified in the
declaration; or
(b) a
self-accrediting higher education institution; or
(c) if
the institution is an overseas higher education institution—an
institution authorised to offer non AQF higher education qualifications in the
State;
"declared vocation" means an occupation declared under section 6 to be a
declared vocation for the purposes of this Act;
"District Court" means the Administrative and Disciplinary Division of the
District Court;
"domestic partner" means a person who is a domestic partner within the meaning
of the Family Relationships Act 1975 , whether declared as such under
that Act or not;
"higher education"—see subsection (2);
"Industrial Relations Commission" means the Industrial Relations Commission of
South Australia;
"National Protocols" means the protocols entitled "National Protocols for
Higher Education Approval Processes " relating to quality assurance for the
higher education sector in Australia, and includes any guidelines relating to
the protocols, as approved by the Ministerial Council on Education,
Employment, Training and Youth Affairs from time to time;
"qualification" has the same meaning as in the AQF;
"reference group"—see Part 2;
"Register" means the Training and Skills Register;
"registered"—see subsection (4);
"registering body" means the body equivalent to the Commission under a
corresponding law that is responsible for the registration of training
providers under the corresponding law;
"repealed Act" means the Training and Skills Development Act 2003
repealed under Schedule 2;
"scope of the registration"—
(a) in
relation to a registered training provider—means the operations that the
provider is authorised by the registration to conduct, as determined by the
conditions imposed on the registration;
Note—
See section 27(1)(a).
(b) in
relation to a registered employer—means the operations that the employer
is authorised by the registration to conduct, as determined by the conditions
imposed on the registration;
Note—
See section 56(a).
"spouse"—a person is the spouse of another if they are legally married;
"standards for accreditation of courses" means—
(a) in
relation to higher education—the criteria for accreditation of courses
under the National Protocols;
(b) in
relation to vocational education and training—the standards
for accreditation of courses under the AQTF;
(c) in
relation to education services for overseas students—the standards
determined from time to time by the Minister;
"standards for registered training providers" means—
(a) in
relation to a training provider for higher education—the criteria for
registration of training providers under the National Protocols;
(b) in
relation to a training provider for vocational education and
training—the standards for registration of training providers under the
AQTF;
(c) in
relation to a training provider for education services for overseas
students—the standards determined from time to time by the Minister;
"standards for registering/course accrediting bodies" means—
(a) in
relation to higher education—the criteria for registering bodies and
course accrediting bodies under the National Protocols;
(b) in
relation to vocational education and training—the standards for
registering bodies and course accrediting bodies under the AQTF,
and includes, in relation to higher education, education services for overseas
students or vocational education and training, any standards determined by the
Minister from time to time;
"statement of attainment" has the same meaning as in the AQF;
"State university" means a university established under an Act of this State;
"Territory" means a Territory of the Commonwealth;
"trade" means an occupation declared under section 6 to be a trade for
the purposes of this Act;
"Training Advocate" means the person holding or acting in the office of
Training Advocate under this Act;
"training contract" means a training contract under Part 4;
"training package"—a training package is an integrated set of competency
standards, assessment guidelines and AQF qualifications for a specific
industry, industry sector or enterprise;
"variation of registration"—see sections 28 and 58;
"vocational education and training"—see subsection (2).
(2) For the purposes
of this Act—
(a)
education in relation to which qualifications are issued under the
higher education provisions of the AQF is "higher education ;
(b)
education and training for work in relation to which qualifications and
statements of attainment are issued under the vocational education and
training provisions of the AQF is "vocational education and training ;
(c)
education and training services provided to persons holding a student visa
within the meaning of the Education Services for Overseas Students Act 2000
of the Commonwealth are "education services for overseas students .
(3) For the purposes
of this Act, a course is "accredited" if—
(a) the
course is entered as an accredited course in higher education, and the
conditions of accreditation and details of the course are recorded, on the
Register; or
(b) the
course is entered as an accredited course in vocational education
and training, and the conditions of accreditation and details of the course
are recorded, on the Register.
(4) For the purposes
of this Act—
(a) a
training provider is "registered" if—
(i)
the training provider is entered as a registered training
provider in relation to higher education, and the conditions of registration
and details of the provider are recorded, on the Register; or
(ii)
the training provider is entered as a registered training
provider in relation to vocational education and training, and the conditions
of registration and details of the provider are recorded, on the Register; or
(iii)
the training provider is entered as a registered training
provider in relation to education services for overseas students, and the
conditions of registration and details of the provider are recorded, on the
Register;
(b) an
employer is "registered" if the employer is entered as a registered employer
in relation to undertaking the training of persons under training contracts,
and the conditions of registration and details of the employer are recorded,
on the Register.
(4a) For the purposes
of this Act, a person is an "associate" of another person if—
(a) they
are partners; or
(b) they
are both trustees or beneficiaries of the same trust, or 1 is a trustee
and the other is a beneficiary of the same trust; or
(c) 1 is
a body corporate and the other is a director or a member of the governing body
of the body corporate; or
(d) 1 is
a body corporate and the other is a person who has a legal or equitable
interest in 5% or more of the share capital of the body corporate; or
(e) 1 is
an employer or employee of the other; or
(f) 1 is
the spouse, domestic partner, parent or child of the other; or
(g) a
chain of relationships can be traced between them under any 1 or more of
the preceding paragraphs.
(5) A reference in
this Act to a particular agreement, policy framework or protocol defined in
subsection (1) is—
(a) a
reference to the agreement, policy framework or protocol as amended from time
to time; or
(b) if
the regulations declare a document to be in substitution for the agreement,
policy framework or protocol—a reference to the substituted document as
amended from time to time.